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on race or gender or sexual orientation or religion or national origin. but it can say for example we will operate this company more efficiently and give the shareholders a greater return on equity if we hire people within this range off, fill in the blanks, for blood pressure and weight because we are now forced to provide you with out care, this is i a more efficient class of people for whom to provide health care. can they do that, yes. dagen: don't you think they are asking for the ire of people around the country and accusations of discrimination in some way? >> not all discrimination is prohibited by law. the only discrimination is the basis by which we talked about. and we know those, gender, race, age, religion, etc. but on the base of health is not prohibited by law. with this exception. the americans for disability act prohibits discriminating against someone because they have an articulable disability. a physical disability, emotional or mental disability. high blood pressure or heavyweight is not immeasurable disability. connell: not taking care of yourself is not a disabi
or seven categories which we are generally familiar. age, race, gender, religion, etc. does not prohibit discrimination based on size. liz: so this is a private company and they are loud to do whatever they want. obesity is not in there in terms of discrimination. >> you're not going to want to hear this. a judge will be deciding what is obese. is it 5 pounds, 50 pounds, does obesity come under the americans with disabilities act. another federal statute that had decisions based on disability. this is enormously complex and contract with the president said, far more expensive. stuart: it is not really complicated, this is a bunch of obamacare. the ever rising cost of health care insurance which is worn by employers through the employers, so they have to get the cost down and you employ healthy people. >> obamacare forces the employer to provide for those who haven't received it enforces the employer to pay for the benefit the employee may never, ever use like abortion. so all those things raise costs. the employer wants to cut the cost, have people who work here who either pay for the li
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